LAWS(ORI)-2007-1-35

SUSANTA KUMAR PATRA Vs. R T O

Decided On January 18, 2007
SUSANTA KUMAR PATRA Appellant
V/S
R.T.O. Respondents

JUDGEMENT

(1.) These are nine writ petitions filed against the seizure of the vehicles of the petitioners under Section 207 (1) of the Motor Vehicles Act. 1988 (hereinafter referred to as "the Act") by the Regional Transport Officers raising the grievance that their vehicles bearing registration numbers mentioned against the number of each of the writ petitions noted below have been seized and detained for alleged contravention of the provisions of the Motor Vehicles Act and Rules. <FRM>JUDGEMENT_87_AIR(ORI)_2007Html1.htm</FRM>

(2.) Some of the learned counsel for the petitioners have submitted that the Regional Transport Officers have not proceeded further after seizure of the vehicles but some of the learned counsel for the petitioners have submitted that the Regional Transport Officers have offered for compounding of the offences, but the petitioners did not agree with the same and thereafter no further action was taken by them.

(3.) Mr. P. Panda, learned counsel for the Transport Department has submitted that after seizure of the vehicles or documents, as the case may be, under Section 207(1) of the Act if the RTOs offer compounding of the offences in accordance with law and the owners of the vehicles do not agree to the same, it is within the jurisdiction of the RTOs to cancel the permits and the registration of the vehicles under Sections 55 and 86 of the Act.